Litigation in law is the act, process, or practice of settling a dispute. If the two parties cannot come to an agreement, they present their cases to the court for judgment.
Litigation in law is the act, process, or practice of settling a dispute. If the two parties cannot come to an agreement, they present their cases to the court for judgment. Since the purpose of litigation is to hold certain people or organizations accountable for their actions, it can be used in many different areas of law, such as commercial and corporate litigation.
What is Commercial and Corporate Litigation?
If you’ve heard of civil litigation, then you know that it’s a lawsuit between two or more parties that are involved in a non-criminal legal dispute. Commercial litigation differs from this because one or both parties in the dispute will be business entities. It’s important to note that business litigation doesn’t just mean that one business is suing the other, but it actually includes any legal proceeding that has to do with a business or corporation.
There are many reasons why a business would want to take legal action against another business or person, including:
- Breach of contract
- Breach of fiduciary responsibility
- Compliance issues
- Drafting contracts and negotiating terms
- Insurance disputes
- Real estate issues
- Settling labor disputes
- Ensuring compliance with wage and anti-discrimination laws
Steps to Commercial Litigation
To better understand how this process works, let’s take a look at the steps to commercial litigation.
1. Preliminary discussion: The purpose of preliminary discussions are to try to resolve the case without having to go to court. Even if the dispute can’t be resolved, it’s beneficial to show the court that both parties were making an attempt to avoid litigation.
2. Commencement of the case: In order to officially start the case, a claim form will need to be issued in the court office. After the claim is delivered to the defendant, they have 14 days to respond.
3. Case management conference: In this meeting, the issues between the two parties are defined, and each party will supply any relevant documents or evidence.
4. Trial: During the trial, the judge will listen to both sides and make a fair decision based on the evidence presented
5. Appeals and enforcement: In some situations, appeals are allowed. If so, your lawyer will help you with this process. If no appeal is made or if it was rejected, then the ruling will be enforced.
The Role of Business Litigation Attorneys
If you’re thinking about getting involved in a business-related dispute, it’s important to be prepared. The role of business litigation attorneys is to manage all the phases of the process, whether it’s a small or complex dispute. They help you accurately and professionally present motions, witnesses, evidence, and statements. Essentially, your lawyer is there to help you better demonstrate your case in order to get the best possible outcome.
At one point or another, many businesses or individuals find themselves involved in a business-related dispute. If you’re looking for someone to help you with commercial litigation in Texas, give us a call at AMS Law Group. We have experience resolving cases fast, and in the best interest of our clients so that you can continue operating your business as usual.